Payment order - a method for quick recovery of receivables


Payment order - what is it?

In essence, the payment order can be compared with a court judgment, as both constitute an enforcement order. It is mainly up to the creditor how quickly he will recover his debt from the debtor, because it depends largely on which type of proceedings he chooses. In the case of choosing the order for payment order proceedings, the creditor will certainly be more efficient and much faster than in the ordinary proceedings in obtaining a court judgment that is favorable to him and will be able to start enforcing his receivables.

In order for the court to issue an order for payment, the creditor must first file a claim with the court in which it clearly indicates that he is seeking to hear the case in a writ of payment proceedings. Such a formulation may be included, for example, in the title of the statement of claim. It is also possible to file a statement of claim on a ready-made form, which can be downloaded from the website or at the seat of the court, in which case the said request should be indicated in box 8.

When can the court issue an order for payment?

The court will only consider the case and issue an order for payment if:

  1. The claim that is being pursued is a monetary claim (claiming payment of a specific sum of money) or the provision of other replacement items (in this case, it is a situation in which the claim is directed at a specific material item, but it does not have to be an item marked as to its identity, however, it should be identical to the one investigated in the lawsuit).

  2. To confirm the claim pursued, the creditor shall present evident evidence of its validity. The Code of Civil Procedure provides a detailed catalog of documents to be presented. It should be assumed that this is a closed catalog, which means that only on the basis of the following documents, the court will issue an order for payment in the order for payment. Documents confirming the validity of the claimed claim, which must necessarily be attached to the filed claim, are:

  • official document - in accordance with the letter of the law, it is evidence of what has been officially certified in it and has been drawn up by a public authority or other state body,

  • bill accepted by the debtor - in this case, the proof may be an invoice signed by the debtor or another person authorized to collect,

  • summoning the debtor for payment together with the debtor's written declaration on the recognition of the debt - in the case of a settlement, which is a confirmation by the debtor of the existence of a claim against him,

  • acceptance by the debtor of a payment request returned by the bank and not paid due to lack of funds in the bank account - a situation in which the debtor has authorized the creditor to issue a payment order from his bank account. It is important that such authorization should be in writing (with the signature of the debtor or his representative),

  • a promissory note, check, warrant or slip, the authenticity of which is beyond doubt

  • contract, proof of mutual in-kind performance, proof of delivery of an invoice or bill to the debtor,

  • if the creditor is a bank, such a document may be an extract from bank books signed by authorized persons and bearing the bank's seal together with proof of delivery of a written request for payment to the debtor.

How much does an injunction procedure cost?

  • if the value of the dispute is PLN 2,000 - the entry is PLN 30,

  • when the value of the dispute is PLN 5,000 - the entry is PLN 100,

  • when the value in dispute is PLN 7,500 - the entry is PLN 250,

  • when the value of the dispute is PLN 10,000 - the entry is PLN 300,

  • value of the subject of dispute <PLN 10,000 - entry is 5% of the value of the subject of dispute (but not more than PLN 100,000).

How long does the debtor have to appeal against the issued order for payment?

If the creditor complies with all formal requirements, will pay the appropriate fee and the court will have no doubts on the merits, the court will issue an order for payment. With the issuance of the order, the court obliges the debtor to satisfy the claim against his creditor within 14 days. Within the 2-week period, the debtor has the right to object to the issued order for payment. In this case, the case goes to a hearing. It is worth remembering that even a non-final order for payment is a security title (in case the debtor wants to hide his property).

After the expiry of the 14-day period, the creditor should call the court and find out whether the order for payment has become final, i.e. whether the debtor has lodged an objection to the order. If the order has become final, the creditor's next step should be to apply for an enforcement clause, as this is a necessary condition for the bailiff to start enforcement proceedings.